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3. Staff Report-Social Host Ordinance Discussion �' � r-: —�, � � ,� � �, � � SCANDIA Staff Report Date of Meeting: September 10, 2013 To: City Council From: Kristina Handt, Administrator Re: Social Host Ordinance Discussion Agenda Item #: 3. Background: Included in your packet are two handouts that provide background information on Social Host Ordinances. The first is an FAQ from Minnesotans for Safe Driving and the second is from the Department of Public Safety. In Washington County the following communities have adopted Social Host Ordinances: Bayport Cottage Grove Forest Lake Oak Park Heights St Paul Park Stil lwater Woodbury Issue: Should the City of Scandia adopt a Social Host Ordinance? Proposal Details: A social host ordinance makes it unlawful to provide an environment where underage drinking takes place, regardless of who provided the alcohol. It addresses how a typical person ought to behave when there is potential harm to those under the legal age to drink. As a misdemeanor, any host found criminally responsible for violating a social host ordinance will face a penalty of time in jail and/or up to $1,000 in fines. Included in your packet are sample ordinances. One from the Attorney General's Office the other is Woodbury's ordinance that has been reformatted for Scandia. Staff is recommending the Woodbury version because it includes a definition for reasonable steps. Rose Hauge, a Drug Free Community Coordinator will be at the work session to provide further background on social host ordinances and answer any questions the Council may have. Fiscal Impact: Minimal. Staff does not anticipate a great increase in prosecution services after adoption of this ordinance. For example, Forest Lake has issued 6 citations since adopting the ordinance three years ago. However the Social Host Ordinance provides another tool in the tool box for the City Prosecutorto use when necessary. If grant funding is available, City staff will work with the County Public Health Department and CONNECT Group to provide flyers similar to the one included in your packet for the Stillwater area. Options: 1) Direct staff to prepare a Social Host Ordinance far adoption at a future Council meeting. 2) Identify areas from the sample ordinances to change and then direct staff to prepare a Social Host Ordinance for adoption at a future Council meeting. 3) Do not take actions to adopt a Social Host Ordinance Recommendation: Option l. �� i � O o _. 0 ti a� � � � ,�+ 3 ,� � v� = v O a� �— — � � � V! v� ,i � � 'a � � 0 � � N _ � � � �G U �� L � �� ,C�1 � a� �, d � v � > � �, _ , � � � � t � � a m , �+ . 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Q � Qaw � z � � � �, � 3 SAMPLE ORDINANCE NO. SOCIAL HOST ORDINANCE This ordinance prohibits, and establishes penalties for, any person hosting an event or gathering where alcohol is present and being possessed or consumed by persons under twenty-one (21) years of age. Be it enacted by the [City Council / County Board of Commissionersj, as follows: Subd. 1. Purpose and Findings. The [City Council / County Board of Commissioners] intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons criminally responsible who host events or gatherings where persons under 21 years of age possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. The [City Council/County Board of Commissioners] finds that: (a) Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of twenty-one may be harmful to those persons and constitute a potential threat to public health. (b) Prohibiting underage consumption protects underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic crashes. (c) Alcohol is an addictive drug which, if used irresponsibly, could have adverse effects on those who use it as well as those who are affected by the actions of an irresponsible user. (d) Often, events or gatherings involving underage possession and consumption occur outside the presence of parents. However, there are times when the parent(s) is/are present and, condone the activity, and in some circumstances provide the alcohol. (e) Even though giving or furnishing alcohol to an underage person is a crime, this ordinance is necessary to help further combat underage consumption. (fl A deterrent effect will be created by holding a person criminally responsible for hosting an event or gathering where underage possession or consumption occurs. Subd. 2. Authority. This ordinance is enacted pursuant to Minn. Stat. §145A.05 subdivision 1. Subd. 3. Definitions. For purposes of this ordinance, the following terms have the following meanings: (a) Alcohol. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced. (b) Alcoholic beverage. "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. (c) Event or gathering. "Event or gathering" means any group of three or more persons who have assembled or gathered together for a social occasion or other activity. (d) Host. "Host" means to aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering or event. (e) Parent. "ParenY' means any person having legal custody of a juvenile: (1) As natural, adoptive parent, or step-parent; (2) As a legal guardian; or (3) As a person to whom legal custody has been given by order of the court. (fl Person. "Person" means any individual, partnership, co-partnership, corporation, or any association of one or more individuals. over (g) Residence or Premises. "Residence" or"premises" means any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation. (h) Underage Person. "Underage person" is any individual under twenty-one (21) years of age. Subd. 4. Prohibited Acts. (1) It is unlawful for any person(s) to host or allow an event or gathering at any residence, premises, or any other private or public property where alcohol or alcoholic beverages are present when the person knows or reasonably should know that an underage person will or does consume or possess any alcohol or alcoholic beverage with the intent to consume it; and the person fails to take reasonable steps to prevent possession or consumption by the underage person(s). (a) A person is criminally responsible for violating Subdivision 4 (1) above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act. (b) A person who hosts an event or gathering as described in Subdivision 4 (1) above does not have to be present at the event or gathering to be criminally responsible. Subd. 5. Exceptions. (a) This ordinance does not apply to conduct solely between an underage person and his or her parents while present in the parenYs household. (b) This ordinance does not apply to legally protected religious observances. (c) This ordinance does not apply to retail intoxicating liquor or 3.2 percent malt liquor licensees, municipal liquor stores, or bottle club permit holders who are regulated by Minn. Stat. §340A.503 Subd. 1 (a) (1). (d) This ordinance does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of their employment. Subd. 6. Enforcement. This ordinance can be enforced by any police officer or sheriff's deputy in the county. Subd. 7. Severability. If any section, subsection, sentence, clause, phrase, word, or other portion of this ordinance is, for any reason, held to be unconstitutional or invalid, in whole, or in part, by any � court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect. Subd. 8. Penalty. Violation of Subdivision 4 is a misdemeanor. Subd. 9. Effective Date. This ordinance shall take effect thirty (30) days following its final passage and adoption. Sociai Host Ordinances Frequently Asked Questions This information is provided as a general resource for cities and counties considering adopting a Social Host Ordinance to combat underage alcohol consumption and should not be interpreted as legal advice. 1) If an event occurs at a residence and the property owners/parents are not present and had no knowledge of the event where alcohol was consumed by underage drinkers, would the owners/parents be criminally charged? Answer.�An ordinance can be written to make the owners/parents who were unaware of illegal alcohol consumption on their property while they were away from the residence nof ineet the definition of a host. However, an ordinance can be written to consider them a host if they are not present and it is identified that they supported the event by providing the alcohol or knew that the event was going fo occur. Additionally, a family member of fhe property owner/parent who is at the evenf could be considered a host, regardless of their age. 2) Can a parent be criminally charged if the parent allows their child to consume alcohol in the privacy of their own home? Answer.�A parenf cannof be charged under a Social Host Ordinance if, in their presence, they allow their underage child to consume alcohol in their residence. Allowing someone e/se's child to do so would be illegal. The parent is responsible for the safety and actions of their underage child. 3) Are there exceptions for graduation parties or other celebrations? Answer.� No. 4) Doesn't Minnesota already have a Social Host Law? Answer.� Minnesota Statufe 340A.503 subdivision 2 makes it unlawful for any person to provide alcohol to a person under age 21. Minnesota Stafute 340A.801, subdivision 6, allows only civil actions against a socia/host over the age of 21 who knowingly provides alcohol to someone under age 21. The courts have ruled that allowing a party at a home where the owners/parents knew minors would consume alcohol, or by not taking the alcoholic beverages away from the minors, or by failing fo stop the party, does not fall within the meaning of providing or furnishing alcohol to minors. These failed actions, or loopholes, are the basis of the need for Social Host Ordinances. 5) Does a city or county have authority under state law to adopt a Social Host Ordinance? Answer.� Cities and counties are not granfed general police powers, but have statutory authority to adopt and enforce this type of ordinance per Minnesota Statute 340A.509. This section preserves the power of local government to impose further restrictions and regulations regarding the sale and possession of alcoholic beverages within its limits. Additionally, Minnesota Statute 145A.05, subdivision 1 vests a city or county board wifh authority to adopt ordinances to regulate actual or potential threats to public health unless such ordinances are preempted by, in conflict with, or less restrictive than standards in state law or rule. 6) If a county adopts a Social Host Ordinance is it enforceable within incorporated areas (cities)? Answer.� The authority to permit and regulate the sale & consumption of liquor within a city commonly rests with the city council, since they are the licensing authorities. If is enforceable within incorporated areas only if the cities adopt an ordinance. The County Attomey's Office should be the primary source to obtain an official opinion on this issue. � CITY OF SCANDIA WASHINGTON COUNTY, MINNESOTA ORDINANCE NO.: 144 AN ORDINANCE ESTABLISHING A SOCIAL HOST ORDINANCE The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. PURPOSE. The Scandia City Council intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons criminally responsible who host events or gatherings where persons under twenty-one (21) years of age possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. Section 2. FINDINGS. The Scandia City Council finds that: A. Alcohol is an addictive drug which, if used irresponsibly, could have adverse effects on those who use it as well as those who are affected by the actions of an irresponsible user. B. Prohibiting underage consumption acts to protect underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic accidents. C. Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of twenty-one (21) may be harmful to those persons and constitute a potential threat to public health. D. Events and gatherings involving underage possession and consumption of alcohol frequently occur outside the presence of parents or legal guardians. There are times, however, when a parent, guardian or other responsible person is present thereby condoning the activity and, at times, provides the alcohol to persons under the age of twenty-one (21). E. Even though giving or furnishing alcohol to a person under the age of twenty-one (2l) is a crime, it is difficult to prove, and an ordinance is necessary as another tool to help further combat underage possession and consumption of alcohol. F. Holding a person criminally responsible for hosting an event or gathering where underage possession or consumption of alcohol occurs will serve as a deterrent. Section 3. DEFINITIONS. For the purpose of this section,the following terms are defined as: Page 1 of 4 .� Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced. Alcoholic beverage means alcohol, spirits, liquor,wine, beer, and every liyuid or solid containing alcohol, spirits, wine, or beer, and which contains one-half(1/2)of one percent or more of alcohol by volume and which is fit for beverage purposes either along or when diluted, mixed, or combined with other substances. . Event or gathering means a group of three (3) or more persons who have assembled or gathered together for a social occasion or other activity. Host means to aid, conduct, allow, entertain organize, supervise, control, or permit an event or gathering regardless of whether or not the host is present. Parent means a person having the following relationship with a person under the age of twenty-one (21): a) A natural parent, adoptive parent, or step-parent b) A legal guardian; or c) A person to whom legal custody has been given by order of a court. Person means an individual, partnership, co-partnership, corporation, or an association of one or more individuals. Person does not include a city, county or state agency. Reasonable steps means steps taken by a person hosting an event or gathering in order to prevent underage possession or consumption of alcohol or alcoholic beverages. Reasonable steps may include, but are not limited to: a) Controlling access to alcohol or alcoholic beverages in such a manner that no underage person has access to the alcohol or alcoholic beverages at the gathering or event; b) Directly supervising the activities of underage persons at the gathering or event either in person or through a responsible adult; c) Checking the identification of the attendees of the event or gathering in order to determine age; and d) Other actions taken by a person hosting an event or gathering in order to prevent underage possession or consumption of alcohol or alcoholic beverages. Residence or premises means any location, including a home, yard, farm, field, land, apartment, condominium, hotel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with our without permission or compensation. Page 2 of 4 Underage person means an individual under twenty-one (21)years of age. Section 4. PROHIBITED ACTS. A. It is unlawful for a person to: 1. Host or allow a gathering or an event; 2. At any residence or premises; 3. Where alcohol or alcoholic beverages are present; 4. When the person knows or should reasonably know that an underage person will or does: a) Consume any alcohol or alcoholic beverage; or b) Possess any alcohol or alcoholic beverage with the intent to consume it; and c) The person fails or has failed to take reasonable steps to prevent possession or consumption by the underage person (s). B. A person is criminally responsible for violating Section 4.A. of this Section if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to committee the prohibited act. C. A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible. Section 5. Exceptions. This section shall not apply to: A. Conduct solely between an underage person who consumes alcohol in the presence of and with the permission of his or her parent in the parent's house. B. Legally protected religious observances. C. Retail intoxicating liyuor or 3.2 percent malt liyuor licensees, municipal liquor stores, or bottle club permit holders who are regulated under Minnesota Statutes Section 340A.503, subdivision 1(a)(1). D. Situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment. Section 6. Severability. If any section, subsection, sentence, clause, phrase,word or other portion of this ordinance is, for any reason, held to be unconstitutional or invalid, in whole, or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality ar invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect. Section 7. Penalty. Any person who violates this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine, imprisonment or both. Section 8. Effective Date. This Ordinance shall take effect upon adoption and Page 3 of 4 summary publication which shall read as follows: Ordinance No. 144 adopted by the Scandia City Council establishes a Social Host Ordinance. A copy of the full ordinance is available for review at City Hall. Passed and adopted by the City Council of the City of Scandia, Washington County, Minnesota this_th day of , 2013. ATTEST: Randall Simonson, Mayor Kristina Handt, City Administrator Page 4 of 4